1. A documented qualifying relationship, such as parent, subsidiary or affiliate, between the U.S. and Foreign Entity that demonstrates one of the following:

• The U.S. company is the Parent company to the foreign company OR the foreign company is a Parent company of the U.S. company. 
• The U.S. and foreign company are Affiliates i.e. under common ownership: 
  • The U.S. and foreign company are sister companies/affiliates through a common parent, or
  • The U.S. company and the foreign company have common individual owners with common ownership interests.
• Showing the U.S. company is a branch of the foreign company.
• Subsidiary – show foreign company owns , controls or significantly influences U.S. entity margin is 50%

2. Substantial evidence that both the U.S. and Foreign Entity are real and operating, is required including:

• Business formation documents;
• Share/membership certificates;
• Organizational Charts;
• Tax returns/financial statements;
• Bank statements;
• Payroll reports;
• Contracts/MSA/Letter of Intent/Invoices; 
• Among other documentation.

3. There are two L-1 visa categories:

• L-1A is for managers and executives: To qualify for this visa type you must have been working for the company abroad for at least one year within the last three years in a managerial or executive capacity AND be coming to the U.S. to work in a managerial or executive capacity, and even a specialized knowledge capacity. 
• L-1B is for employees with specialized knowledge: To qualify you must have been working for the company abroad for at least one year within the last three years in a role requiring specialized knowledge, AND be coming to the U.S. to work in a Specialized Knowledge, managerial or executive capacity. 

4. Other Information:

• L-1A and L-1B initial stay is one to three years depending on the reason for the visa. New offices only get 1 year.
• L-1A can be extended in increments of two years for a maximum of seven years.
• L-1B can be extended in increments of two years for up to five years.
• This is a dual intent visa, which means that some L-1A’s may qualify for an EB-1C whereas L-1B’s may need to take the PERM Labor Certification process.    
• Family can obtain L-2 visas and spouses can work in the U.S.

Connect with us today to learn more about the L-1 visa and if your company and its employees are eligible for transfer to the U.S.